Limitation period traffic offence Belgium: how long?

Have you received a letter from the public prosecutor (parquet) or a summons (citation) about events that happened some time ago? You are probably wondering whether the case is time-barred. The limitation period (prescription) is an important defence: a case that is time-barred can no longer lead to a conviction. But the rules have been fundamentally changed twice in recent years, and much of the information circulating online is out of date.

Since 1 July 2026, a single three-year period applies to all offences under the Road Traffic Act (loi relative à la police de la circulation routière). At the same time, interruption of the limitation period has no longer existed since 2024. In this article, you will find out how the limitation period works today and when it can play a role in your case. For hit-and-run, also see our overview of hit-and-run.

What is the limitation period for traffic offences?

The limitation period for prosecuting traffic offences is governed by article 68 of the Road Traffic Act. The period has been extended several times in recent years.

Period	General limitation period	More serious offences
Before the Act of 6 March 2018	1 year	3 years
From the Act of 6 March 2018 to 30 June 2026	2 years	3 years
From 1 July 2026	3 years	3 years

Before 1 July 2026, the three-year period only applied to a list of more serious offences, such as driving without a licence, hit-and-run, driving under the influence from 0.35 mg/l of exhaled alveolar air (AAE), drunkenness, driving under the influence of drugs, driving without the alcohol interlock (éthylotest antidémarrage) imposed and driving during a driving ban (déchéance du droit de conduire). For other offences, such as most speeding offences, the period was two years.

The Act of 25 May 2026 removed that distinction. Today, a three-year period applies to all offences under the Road Traffic Act and its implementing decrees, including the Highway Code (Code de la route).

Note: this period does not apply to offences under the Criminal Code, such as harm to physical integrity under article 218 of the Criminal Code or homicide dans le cadre de la circulation (causing death in road traffic), nor to driving without insurance, which is governed by a separate act. For these, the ordinary criminal law periods apply, and they can be considerably longer.

When does the period start?

The period starts running on the day the offence was committed. Not on the date of the police report, not on the date you received the letter, not on the date of the summons.

If you were caught by a speed camera on 10 August 2026, the case is in principle time-barred on 10 August 2029, unless the limitation period has been suspended in the meantime.

No more interruption

Until 2024, the public prosecutor could interrupt the limitation period. Any investigative or prosecution step taken within the period, such as an interview, an instruction from the prosecutor (apostille) or a summons, started a new period of the same length. A case could therefore stay open for up to twice the original period.

A reform of criminal procedure abolished interruption in 2024. A police report, an interview or a letter from the public prosecutor therefore no longer extends the period. Many websites and old brochures still mention interruption: that information is out of date.

When is the limitation period suspended?

What still exists is suspension. During a suspension, the clock stops temporarily. Afterwards, it resumes where it stopped.

The case is pending before the police court

This is the most important suspension: as soon as the case is brought before the police court, usually by a summons, the limitation period stops running. If you are summoned to appear within three years, you can therefore no longer rely on the limitation period during the proceedings. From then on, the reasonable time requirement protects you against proceedings that drag on too long.

A request to change the language of proceedings

If you ask for your case to be referred to a court using another language, the limitation period is suspended for a maximum of one year, from your request until the first hearing before the new court. The legislator introduced this rule in 2018 because language changes were sometimes used to let a case become time-barred.

Appeal against a payment order

If you have not paid a proposed out-of-court settlement (transaction pénale), the public prosecutor can issue a payment order (ordre de paiement). You can lodge an appeal with the police court within 30 days. The limitation period is then suspended from the day of your application until the day of the final judgment.

Other cases

The limitation period is also suspended when a legal obstacle prevents the prosecution from being brought or continued, and during an out-of-court settlement procedure or criminal mediation.

The reasonable time requirement

If the proceedings take an abnormally long time after the summons, you can argue that the reasonable time has been exceeded. This is a right guaranteed by article 6 of the European Convention on Human Rights.

Exceeding the reasonable time does not automatically lead to an acquittal. The judge can:

make a mere finding of guilt, without a penalty;
impose a penalty below the statutory minimum;
in a very serious case of delay, declare the prosecution extinguished.

The judge assesses whether the time taken was reasonable in light of the complexity of the case, your own conduct in the proceedings and the conduct of the judicial authorities. A long period of inactivity in a simple case is a strong argument.

Once time-barred, always time-barred

What happens to an offence that is already time-barred when the legislator later extends the period? The Act of 6 March 2018 extended the period retroactively to 15 February 2018, even though it was only published on 15 March 2018. The Constitutional Court struck down that retroactive effect in 2019, in particular in its judgment no. 54/2019 of 4 April 2019. A limitation period that has already expired does not come back to life because of a new law.

Exactly how the extension of 1 July 2026 applies to offences that were not yet time-barred on that date depends on the date of your offence and the transitional rules. Have this checked in your case.

What does this mean in practice?

Do the calculation yourself. Note the date of the offence and add three years. If you were not summoned within that period and the limitation period was not suspended, the case is time-barred.
Do not count on delay. Since the limitation period stops as soon as the case is pending, playing for time after the summons makes little sense. Asking for an adjournment without good reason tends to work against you.
Older offences. For offences committed before 1 July 2026, a shorter two-year period or the old interruption rules may still apply. We do the calculation for you.
Limitation of the penalty. A penalty that has been imposed becomes time-barred under different rules. A driving ban that was never served does not simply disappear after three years.

Frequently asked questions

How long before a speeding offence becomes time-barred?

A speeding offence becomes time-barred after three years, counting from the day of the offence. Since 1 July 2026, this applies to all offences under the Road Traffic Act and the Highway Code. Before that, most speeding offences became time-barred after two years. As soon as the case is pending before the police court, the limitation period stops running.

Does a police report or a letter from the public prosecutor extend the limitation period?

No. In the past, such an investigative or prosecution step interrupted the limitation period, and a new period started to run. That interruption was abolished in 2024. Today, a police report, an interview or a letter from the public prosecutor does not extend the period. Only a suspension, for example as soon as the case is pending before the court, stops the clock.

What if I am summoned shortly before the three years are up?

In that case, the matter is not time-barred. It is enough for the case to be brought before the police court within the period. From then on, the limitation period stops running, even if the judgment comes much later. If the proceedings take an abnormally long time, however, you can argue that the reasonable time has been exceeded.

What period applies to hit-and-run?

Hit-and-run becomes time-barred after three years from the day of the events. That period already applied before the 2026 reform. If you are also prosecuted for harm to physical integrity under article 218 of the Criminal Code or for causing death in road traffic, the longer periods of the Criminal Code apply to those offences. See our article on hit-and-run.

Can the judge find that the case is time-barred of his or her own motion?

Yes. The limitation period for prosecution is a matter of public policy. The judge must apply it of his or her own motion, even if you do not raise it. It is still worth raising it expressly, with a clear calculation, especially when suspensions or old rules come into play.

Have your case reviewed

Wondering whether your case is time-barred? We calculate the period on the basis of the date of the offence, the applicable rules and any suspensions. Contact us. Also read our articles on identifying the driver as the holder of the number plate and on errors in the police report.

Law as at 29 September 2026. We update this article when the rules change.

Limitation period for a traffic offence in Belgium: how long before it expires?